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2025 DAILYLAW 105974 (ALL)

ANIL KANNAUJIYA AND ANOTHER v. State of U.P.

BAIL/40315/2024 · 2025-04-23

Gautam Chowdhary

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63352 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40315 of 2024 Applicant :- Anil Kannaujiya And Another Opposite Party :- State of U.P. Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record. 2. Learned counsel for the applicant has argued that the applicants are absolutely innocent and have been falsely implicated in the present case. Learned counsel for the applicants further submits that allegation made in the F.I.R. is that the applicants too money from the informant and other persons to provide job. Such allegations are absolutely false without any supporting evidence. It is next submitted that during trial informant and other witnesses have not supported the prosecution story and have declared hostile, which statements recorded before the trial court by the prosecution witnesses, P.W.1, P.W.2, P.W.3 and P.W.4 have been annexed in the rejoinder affidavit dated 13.04.2025. One co-accused, Chandan Kannaujia has already been granted bail by this Court against which same set of allegations were levelled. Thus, the case of applicants is on the same footing, therefore, they may also be enlarged on bail. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed before the Court. The circumstances which, according to the counsel, led to the false implication of the accused have also been mentioned. It has also been assured on behalf of the applicant that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required and are also ready to accept all the conditions which the Court may deem fit to impose upon them. He next submits that the applicants are in jail since 22.09.2024, with no criminal history. 3. Though, the learned A.GA. for the State has opposed the prayer for bail but he has not disputed that during trial prosecution witnesses have turned hostile. 4. Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed. 5. Let the applicants-Anil Kannaujia and Sanjiv Kannaujia @ Munna Kannaujia, be enlarged on bail in Case Crime No. 151 of 2023, under Sections 406, 419, 420, 467, 468, 471, 504, 506, 120- B I.P.C., Police Station- Khejuri, District- Ballia, on executing a personal bond each and furnishing two local sureties each in the like amount to the satisfaction of the court concerned with the following conditions: i) The applicants shall not tamper with the prosecution evidence. ii) The applicants shall not threaten or harass the prosecution witnesses. iii) The applicants shall appear on the date fixed by the trial court. iv) The applicants shall not commit any offence similar to the offence of which the applicants are accused, or suspected of the commission. v) The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 6. In case of default of any of the conditions enumerated above, the court concerned shall be at liberty to cancel the bail of applicants in accordance with law. Order Date :- 24.4.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad